294 Assembly Proceedings, February 20-28, 1721/2.

U. H. J.

To which Message the following Answer is prepar'd and
agreed to by the House Viz.

By the Upper House of Assembly
February the 26^th 1721
Gentlemen. We are sorry to find you so positively resolv'd
not to make any Provision by Oaths to restrain the Exporta-
tion of Trashy Tobacco out of this Province; for we do not
think any other Expedient can be found that will prove so
effectual for doing of it; nor can we foresee any Danger of
Perjury in taking Oaths so easy to be complied with as those
proposed in our Amendment of the Tobacco Law. But rather
than so Beneficial a Law should be entirely lost or continued
in such a manner as that many Conscientious Persons cannot
comply with it, we are willing that the Explanatory Bill pro-

p. 22

posed by your House, should pass with a Paragraph added
thereunto making the penalties mentioned in the former Law
to be recovered, before any two Justices of the Peace Who
shall be oblig'd within three Days after Application to them
made to go and View such Tobacco And that every Person
who shall discover any trashy Tobacco may seize and mark
it, and shall exhibit his Information to the Justices within
three Days after seizing the same; And that if the owner of
such Tobacco shall convey away, or otherwise conceal such

Tobacco before the Justices conic to view it, he shall be ad-

judg'd guilty, and forfeit the Penalties of the Law, That the
Tobacco so seized, if Condemned by the Justices Who are
hereby directed to view the same, shall be applied to the Use
of the Informer, and the party offering or paying away such
Tobacco shall be obliged to pay his Debt (attempted to be dis-
charged after that manner) over again.
Signed p order Sam^l Skippon Cl. Up. ho.

Which is sent to the Lower House by John Hall, James
Bowles and John Rousby Esq^rs who return and say they de-
livered it
A message from the Lower House by M^r John Caldwell &
M^r Lambert Wilmer which is as follows Viz.

By the Lower House of Assembly

February the 26^th 1721
May it please your Honours.
M^r John Caldwell having mov'd this House that the Gentle-
men appointed to compleat the Agreement with him in repair-
ing the Stadt House may have power to give him orders on the